High Court of South Africa Eastern Cape, Grahamstown - 2015 August

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2 judgments

Citation	Judgment date
August 2015
Lucas v Minister of Safety & Security (CA 296/2014) [2015] ZAECGHC 81 (26 August 2015) Magistrate must provide a written judgment or acceptable transcript; arrest unlawful where police failed to form a reasonable suspicion. Civil procedure – Magistrates’ Court Rules – Rule 51(1) and (3) – obligation on judicial officer to furnish written reasons on request – transcript of oral judgment acceptable if it meets Rule 51(1) requirements – failure to comply suspends appeal period. Police powers – Arrest without warrant – reasonable suspicion requirement – officer must critically assess quality and reliability of information and check it where feasible; seriousness of charge alone insufficient. Assessment of evidence – trial court’s failure to consider concessions in cross-examination may constitute material misdirection vitiating factual findings. Quantum – compensatory award for unlawful arrest and detention.	26 August 2015
Law Society of the Cape of Good Hope v Randell (1892/2011) [2015] ZAECGHC 75 (14 August 2015) Reported Deliberate breach of trustee and governing‑body fiduciary duties by secret profit rendered respondent unfit to practise as an attorney. Fiduciary duty — trustee and governing‑body member — secret appointment as beneficiary, secret profit, conflict of interest and deceit — breach renders practitioner unfit to practise; hearsay evidence — exclusion under s 3(1)(c) Law of Evidence Amendment Act where admission would be prejudicial and not in interests of justice.	14 August 2015